November 2018 LE VIET THANG (MSc.) Vietnam Chemicals Agency, Ministry of Industry and Trade Tel: +84 982230483; Email: [email protected]
November 2018
LE VIET THANG (MSc.)Vietnam Chemicals Agency, Ministry of Industry and Trade
Tel: +84 982230483; Email: [email protected]
Introduction of VietnamCapital Hanoi
Official language Vietnamese
Ethnic groups 85.7% Vietnamese[b]
53 minorities[show]
Religion 73.2% Folk or Irreligious12.2% Buddhism8.3% Christianity
Government Marxist-Leninist one-party socialist republic
Area
• Total 331,230.8[4] km2(127,888.9 sq mi) (65th)• Water (%) 6.4[5]
Population
• 2016 estimate 94,569,072[6] (14th)
• Density 276.03/km2(714.9/sq mi) (46th)
GDP (PPP) 2018 estimate
• Total $705.774 billion[7]
(35th)
• Per capita $7,463[7]
(128th)
Currency đồng (₫) (VND)
Time zone (UTC+7)
Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)
State management of chemicals activities by life-circle (Law on Chemicals 2007)
Ministry Import / Export
Production Trade Transport Use Disposal
Industry and Trade (MOIT) – Focal Point
ALL ALL ALL - Industrial -
Environment and Natural Resource –MONRE
POPs, waste - - POPs, waste POPs, waste
Agriculture and Rural Development -MARD
Crop Protection; Agrochemicals
Crop Protection; Agrichemicals
Crop Protection; Agrichemicals
- Crop Protection; Agrichemicals
-
Health - MOH Pharmaceutical; biocide
Pharmaceutical; biocide
Pharmaceutical; biocide
- Pharmaceutical; biocide
-
Transportation - MOT - - - Main - -
Stakeholders engagement process
Chính phủ
(Government)
MOIT
(Bô ̣ Công Thương)
MARD(Bộ Nông nghiệp và
Phát triển nông thôn)
MOJ(Bộ Tư pháp)
MOST(Bộ Khoa học và Công nghệ)
Peop. Comm.(Địa phương)
MOLISA(Bộ Lao động-Thương binh và xã hội)
MoNRE(Bộ Tài nguyên và Môi trường)
Involved stakeholder
MOH(Bộ Y tế)
Association
Industry
MOIT: Ministry of Industry and Trade; MARD: Ministry of Agriculture and Rural Development; MOH: Ministry of
Health; MOST: Ministry of Science and Technology; MONRE: Ministry of Natural Resource and Environment; MOJ:
MOLISA: Ministry of Labour-invalid s and social affairs; Peop. Comm.: People Committe
New structure of Vinachemia
Leaders of Vinachemia
Administrative Office
Division of Convention and
International Cooperation
Division of Strategies and
Chemical Industry
Development
Division of Precursor
management
Division of Chemicals
Information
Center for Database and
Support for the Response to Chemicals Incident
Representative office in Ho Chi
Minh City
Leaders of Vinachemia
Administrative Office
Division of Chemicals
Management
Division of Chemical Industrial
Development
Center for Chemicals
Safety
Before After
Chemicals Industry in Vietnam
Chemical Industry
Industrial Gases
Plant protection chemical
Detergents
Paints and printing inks
Petrochemicals
Chemical Powers
Fertilizer
Basic chemicals Pharmaceuticals
Rubbers Products
Chemicals Industry in Vietnam
Product Capacity/year Level of meeting the domestic demand
Fertilizer 7,045,000 ton 80%
Plant protection 129,000 ton 15%
Basic chemicals (H2SO4 & NaOH) 15% ( except soda, sulfur, industrial salt imported 100%)
H2SO4(98%) in Master plan
NaOH (100%) in Master plan 130,000 ton
Battery (normal battery) 454,000,000 66% in popular batteries using in motors; cars; imported 100%
for special purpose
Industrial gas (O2; N2; CO2; C2H2..) Meet the domestic demant
Rubber product (tube, tires for car,
motorbikes and bikes)150,000,000 75%
Petro-chemicals
(all types)
Polystyrene 128,000 ton
PVC 290,000 ton
PET fibers 320,000 ton
Almost petro-chemical product is imported
Detergents 1,031,000 ton 6,0-6,5kg/capita ( for Vietnamese enterprises)
Paint and Ink (Chemical paint) 441,000 ton80% for the rate in average of 3-4kg/capita,
High quality and ink imported almost 100%
Pharmaceutical chemicals 500,000 ton 10% ( Imported more than 90% materials)
Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)
Legislation framework on chemical managementLAW ON CHEMICALS
06/2007/QH12
Decree
113/2017/NĐ-
CP
Circular
32/2017/TT-
BCT
Circular
66/2014/TT-BCA
Fire FightingTransportation
Circular
35/2010/TT-BCA
Circular
52/2013/TT-BTNMT
Decree
104/2009/NĐ-CP
Circular
09/2016/TT-BKHCN
Waste
Circular
36/2015/TT-
BTNMT
TCVN 6706:2000
TCVN 6707:2009
Circular
13/2018/TT-BCT
Circular
50/2012/TT-BCTDecree
43/2017/NĐ-CP
Decree
44/2016/NĐ-CP
Circular
13/2017/TT-
BLĐTBXH
Circular
27/2015/TT-BTNMT
Decree
60/2016/NĐ-CP
Decree
18/2015/NĐ-CP
Circular
26/2015/TT-BTNMT
National
Standard
TCVN
5507:2002
Decree
115/2016/NĐ-CP
Circular
170/2016/TT-BTC
Decree
163/2013/NĐ-CP
PenaltyFee for Chemicals
activities
Explosives
Decree
79/2014/NĐ-CP
Circular
55/2014/TT-BCT
Decree
38/2014/NĐ-CP
Schedule Chemicals
Decree
71/2018/NĐ-CP
Environment
Labeling
Training on Safety
Circular
42/2013/TT-BCT
Decree
73/2018/NĐ-CP
Law on Drugs
Precusors
Decree
80/2001/NĐ-CP;
58/2003/NĐ-CP;
113/2017/NĐ-CP
Chemicals inProduct Circular
30/2013/TT-BCT
(ROSH)
Circular
21/2017/TT-BCT
(FORMALDEHYT)
Circular
36/2015/TT-BCT
(Tissue)
Law on
Explosive
Law on
Environment
Protection
Circular
32/2017/TT-BCT National Inventory and
Database
International Conventions
(CWC, SAICM, Rotterdam,
Minamata …)
Law on Chemicals 2007
I
1. Applicable Legislation;2. Definitions of Terminology;3. Governing Principles;4. Government policy on chemical activities;5. Prohibited activities.
II - VII
1. Development planning;2. Production and trade of chemicals;3. Classification, labeling, packaging and MSDS of chemicals;4. Use of chemicals;5. Prevention and mitigation of chemical accidents;6. Declaration, registration and notification of chemicals, in particular.
VIII&IX
1. Environment protection and community safety;2. State administration on chemical activities;3. State Agency;4. Specialized inspection on chemical activities;5. Penalization of violations under the law;6. Settlement of disputes;7. Implementation of the Law.
Content of Chapters
Law on Chemicals 2007
Achievements
• Chemical activity is gradually put into place.
• Awareness on the law enforcement of organizations involved in chemical activities hasbeen gradually improving.
• The authorities from central government to local authorities and relevant agencieshave been more aware of their responsibilities in the management of chemicals.
Challenges
• There are overlaps and inconsistence among the Law and its decrees.
• Some terms in the law are unintelligible and some definition of terms need to beadded.
• The issues should be reviewed: Administrative procedures; Chemical list; GHS…
Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)
Decree 113/2017/NĐ-CP
Effective from 25/11/2017, replacing Decree 108/2008 / ND-CP and Decree 26/2011 / ND-CP
Principles for the development of the
Decree
Inherit the appropriate regulations
Compliance with Chemical
Law
Compliance with Investment
Law
In line with reality and scientific
Decree 113/2017/NĐ-CP
Procedures are abolished
Certificate for measures to prevent and respond to chemical incidents by state management
agencies
Certificate for the declaration of chemicals’ production,
registration of chemicals’ use
Chemical safety certificate for labours
Decree 113/2017/NĐ-CP
Licenses and certificates for the production
and trade of conditional and
restricted chemicals
On condition
Abandonment of the requirement to have a Approved Plan orMeasure as a condition of issuance of a License or Certificate
Storage conditions: “Owning or having contracts for rentingchemical storage facilities or using storage facilities oforganizations and individuals purchasing chemicals that meetthe conditions."
On dossiers andprocedures
Removing unnecessary documents
The duration of the certificate issuance is reduced to 12working days
Licenses and certificates have no time limit
Decree 113/2017/NĐ-CP
Declaration of imported chemicals
National single windows;
Automatically respond
Exemptions: Licensed; less than
10kg per import (not applicable for
restricted chemicals)
License for export and import of
industrial precursors
Exemption for goods containing group 1 of less than 1%, group 2 of less
than 5% of volume
The duration of License for group 1 is increased
from 03 (three) months to 06 (six) months
Chemicals list
GHS classification criteria; each chemical is listed by name, formula,
CAS code, HS code
All hazardous chemicals which are not in the List of Chemicals required Plan need to develop
Measure
Decree 113/2017/NĐ-CP
ProhibitedChemicals
Annex III (CWC, Rotterdam Convention)
Licenses from the Prime Minister for some special purposes (authorized to Minister of MOIT)
RestrictedChemicals
Annex II, Health hazards Category 1
Licenses from the Ministry of Industry and Trade
ConditionalChemicals
Annex I; Physical hazards Category 1; Health hazards Category 2, Environmental hazards
Confirmation from Department of Industry and Trade
Declarablechemicals
Annex V (hazardous chemicals)
NationalSingleWindow
Plan,Measure
Annex IV (Serveso III)
1. License for Plan from MOIT
2. Self-approved Measure from Company
Industrialprecursors
Drugsconvention
Licenses for import/ export from the Ministry of Industry and Trade
Toxicchemicals
Article 4, Chemicals Law
Purchasing control paper
Decree 113/2017/NĐ-CPChapter I. General Provisions
Article 1. Scope
Article 2. Subjects of application
Article 3. Definitions and terms
Chapter II. PRODUCTION AND TRADING OF CHEMICALS
Section 1. GENERAL REQUIREMENTS TO ENSURE SAFETY IN CHEMICAL
PRODUCTION AND TRADING
Article 4. Requirements on workshops and storehouses
Article 5. Requirements on technologies, equipment, tools and packages
Article 6. Requirements for preservation and transportation of chemicals
Article 7. Requirements on activities of extracting and packing chemicals
Decree 113/2017/NĐ-CPChapter II. PRODUCTION AND TRADING OF CHEMICALS
Section 2. MANUFACTURING AND TRADING OF CONDITIONAL CHEMICALS IN
INDUSTRY SECTOR
Article 8. Conditional chemicals in the industrial sector
Article 9. Conditions for issuing certificates of production and/or trading of conditional
chemicals in the industrial sector
Article 10. Dossiers and procedures for issuing certificates of production and/or trading of
conditional chemicals in the industrial sector
Section 3. MANUFACTURING AND TRADING OF INDUSTRIAL PRECURSORS
Article 11.Conditions for production and trading of industrial precursors
Article 12. Dossiers and procedures for licensing of export or import of industrial precursors
Article 13. Exemption and withdrawal of licenses of export or import of industrial precursors
Decree 113/2017/NĐ-CPChapter II. PRODUCTION AND TRADING OF CHEMICALS
Section 4. MANUFACTURING AND TRADING OF RESTRICTED CHEMICALS IN
INDUSTRIAL SECTOR
Article 14. Restricted chemicals in the industrial sector
Article 15. Conditions for licensing for production or trading of restricted chemicals in the
industrial sector
Article 16. Dossiers and procedures for licensing for production or trading of restricted
chemicals in the industrial sector
Article 17. Control of restricted chemicals in the industrial sector
Section 5. PROHIBITED CHEMICALS, TOXIC CHEMICALS
Article 18. Prohibited chemicals
Article 19. Toxic chemicals
Decree 113/2017/NĐ-CPChapter III. PLANS, MEASURES FOR PREVENTION, RESPONSE TO CHEMICAL
INCIDENT
Article 20. Plans for prevention and response to chemical incident
Article 21. Measures for prevention and response to chemical incident
Article 22. Safety distances for production and trading of dangerous chemicals
Chapter IV. CLASSIFICATION OF CHEMICALS, MSDS
Article 23. Classification of chemicals
Article 24. Material safety data sheets
Decree 113/2017/NĐ-CPCHAPTER V. DECLARATION OF CHEMICALS
Article 25. Chemicals subject to declaration
Article 26. Declaration of production chemicals
Article 27. Declaration of imported chemicals
Article 28. Declaration exemption
Article 29. Confidential information
Article 30. National chemicals inventory and database
Chapter VI. CHEMICAL SAFETY
Article 31. Organizing the training of chemical safety
Article 32. Objects must be trained in chemical safety
Article 33. Contents, trainers and time for chemical safety training
Article 34. Evaluation of results and keeping of chemical safety training dossiers
Article 35. Responsibility of chemical safety training
Decree 113/2017/NĐ-CPChapter VII. ORGANIZATION AND IMPLEMENTATION PROVISIONS
Article 36. Reporting regime
Article 37. Responsibility for State management of chemical activities
Article 38. Effectiveness
Article 39. Transition provision
Article 40. Organization
Annex I. List of conditional chemicals
Annex II. List of restricted chemicals
Annex III. List of prohibited chemicals
Annex IV. List of hazardous chemicals for Plan for prevention and response to chemical
incident
Annex V. List of declarable chemicals
Annex VI. Forms
Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)
Circular 32/2017/TT-BCT
• Article 1. Scope
• Article 2. Interpretation of terms
• Article 3. Responsibility for the implementation of administrative procedures
• Article 4. Promulgation of forms
• Article 5. Form of presentation, layout and contents of the plan and measures to prevent and
respond to chemical incidents in the industrial sector
• Article 6. Classification and labeling of chemicals
• Article 7. Development of chemical safety data sheets
• Article 8. Declaration of chemicals
• Article 9. Reporting regime
• Article 10. Responsibilities of functional departments under the Ministry of Industry and
Trade, Department of Industry and Trade and Market Control Department
• Article 11. Transitional provision
• Article 12. Effectiveness
Circular 32/2017/TT-BCTRESPONSIBILITY FOR CHEMICAL MANAGEMENT
Responsibility for implementing administrative procedures
1. Vietnam Chemicals Agency:
• issuing import and export licenses for precursors;
• Issuing, re-issuing, adjusting licenses for production and trade of restricted chemicals in industrial sector under the authorization by the Minister;
• Organizing the evaluation and submitting to the Ministry of Industry and Trade for consideration and approval of plans for prevention and response to chemical incidents in the industrial sector.
2. The DOIT: Issuing, re-issuing, adjusting certificates for production and trade of conditional chemicals in industrial sector.
Circular 32/2017/TT-BCT
Appendix 2: Dossiers of application for import and export licenses of industrial precursors
Annex 5: Reporting Form (Current reporting regimes are integrated into one report)
Appendix 4: Form of Purchasing control paper for toxic chemicals
Appendix 1: Dossiers of application for certificates for restricted and conditional chemicals
FORMs
Appendix 3: Dossiers for the evaluation of Plan for prevention and response to chemical incidents in the industrial sector
Circular 32/2017/TT-BCTTECHNICAL GUIDANCE
Plans and Measure for prevention and response to chemical incidents in the industrial sector(Appendix 6)
Risk prediction; Preventive measures, inspection and
supervision
Forecast of incident situations; response strategies
Prediction of risk, situation
Preventive measures
Incident Response Plan
Circular 32/2017/TT-BCT
TECHNICAL GUIDANCE
Classification of
chemicals- Applying Version 2 of GHS 2007 onward;
- Classes and Categories are almost unchanged, only
"Respiratory Hazard"
- Updated according to Decree 43/2017 / ND-CP
- Specific labeling guidelines for small label
- Clarifying responsibilities of organizations and individuals for
information on chemical labels and products
- No strict rules on forms and order
- Only mandatory minimum content and guidelines are provided
Labeling of
chemicals
MSDS
Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)
National Chemicals Inventory and Database
Ob
ject
ives
Support the development of chemical industry
Support the implementation of chemicals management policies
Enhance the administrative procedures
Information sharing with DOIT, enterprises, public
Support for chemical incident response
National Chemicals Inventory and Database
National Database
National inventory
Chemical’s hazard
information
Classification and labelling of
chemicals
Exposure information
Information of Legal
framework
Enterprise’ information
(import, export, use, product,
storage…)
Information of each
manufacturing/ trading site
Information of chemicals incidents
Prediction of the impact ofthe incident
Information of capacity for chemicals incident response
National Chemicals Inventory and Database
- Collected questionnaire from enterprises
- Results:> 3000 substances
Direct survey at the enterprise Result: 4927
- Collect data from enterprise
- process data from enterprise to make 3rd draft of NCI
-> 30.000 substances
-Puplic comment
2015
2016
Q1/2017
Q1/2017
- Submit to the Government
- Deadline 2018
Q2/2018
12/2018
Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)
Trends toward the SCM (sound chemicals management)
THE SOUND CHEMICALS
MANAGEMENT IN VIETNAM
Openness in the administrative
procedures
Enhancing the post-inspection and
sanctioning of violations
Chemical management for
the whole life cycle
Clearly define the responsibilities of
each stakeholder in chemical
management
Monitor and evaluate the impact
of chemicals on health and the environment
Setup national database to share
relevant information
transparently